1. OUR LIVING CONSTITUTION
ITS PURPOSE, STRUCTURE AND RELEVANCE

2. “THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET
“THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET. IN ITS ELASTICITY LIES ITS CHIEF GREATNESS.”
Woodrow Wilson

3. W,W,W,W, & H
Delegates (framers) who’s average age was 42 were men of wealth and prestige many who had help the country gets it independence met to
write the document that would create the government of the United States in
Philadelphia in
1787 because
The United States needed a government
In secrecy
1787

4. PURPOSES OF THE CONSTITUTION
1) Establish Legitimacy
Framers wanted to establish the new governments right to rule
Was the government legitimate? Yes!
Thus. . .”We the people do ordain and establish this Constitution.”

5. PURPOSES OF THE CONSTITUTION
2) Create appropriate structures
Created three branches of government
They created the
Congress,
the Presidency, and
the Judiciary

6. PURPOSES OF CONSTITUTION
3) Describe and Distribute Power
The Constitution describes the powers of each branch, the federal gov and the state’s rights
Legislature’s power in Article 1 sec 8
President’s power in Article 2 sec 2 and 3
Judicial power in Article 3
State’s power in Article 4

7. PURPOSES OF THE CONSTITUTION
4) Limit Government Powers
The framers next sought to limit the powers of the very structures they had created
Article 1 sec 9

8. PURPOSES OF CONSTITUTION
5) Allow for Change
The framers wanted to make sure the Constitution could change with the times
Article 5
Changing the Constitution is called “amending”
The changes are called Amendments

9. THE BASIC STRUCTURE The Constitution has 3 basic parts 1) Preamble:
Explains the reason for the Constitution
Says that it comes from the people
2) Articles 1-7:
Provides the outline for the 3 branches of government and state & federal powers
3) Amendments:
27 total
First 10 are called the Bill of Rights
Protect personal liberties
The Actual Constitution

10. The Six Basic Principles
On which the Constitution of the United States is built upon
One of it strengths
1 Popular Sovereignty
People are the only source of gov. power
2 Limited Government
Not all powerful

11. 3 Separation of Power 4 Checks and Balances
Designed to limit the power of the Federal gov.
4 Checks and Balances
Three branches are tied to each other
Each branch is subject to a number of constitutional checks (restraints) by the other branches
“Keeping each other in their proper place” James Madison Federalist No. 51

12. 5 Judicial Review 6 Federalism
Power to decide if the gov actions are in accordance with the Constitution
Declare unconditional actions of the government – violate some provision in the Constitution
6 Federalism
A government in which the power is divided between the central government and state government

13. PREAMBLE
“We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America.”

14. OLDEST LIVING CONSTITUTION
The U.S. Constitution is the oldest written national constitution in the world
Elastic Clause key to flexibility (Article 1 sec 8 clause 18)

15. THE FATHER OF THE CONSTITUTION
James Madison
Called the Father of the Constitution
Good lawyer and good at history
Took notes during the Constitutional Convention
These notes tell us what happened
The meeting was a secret – shhhhhhhhhhh
Became the fourth president of the United States

16. ARTICLE 1. THE LEGISLATURE
Section 1: Congress
The following powers are the legislatures – which is the Congress of the U.S.; a House of Representatives and a Senate

17. ARTICLE 1, SECTION 2 THE HOUSE OF REPS
Sect. 2, 1: Elected every 2 years (Thus, reps have 2 year terms)
Sect. 2, 2: Qualifications include 25 years old, 7 year citizen of U.S., and must be a resident of the state that elected them
Sect 2, 3: Number of reps based on population (30,000 residents = 1 rep)

18. ARTICLE 1, SECTION 2 HOUSE OF REPS
Section 2, 4: Vacancies – to fill a vacancy the state issue writs of election (new election is held)
Section 2, 5: House members shall choose their Speaker (leader) and other officers & shall have sole power of impeachment (removal)
House Chambers

19. ARTICLE 1, SECTION 3 THE SENATE
Section 3, 1: The Senate shall have two Senators from each state for six year terms
Section 3, 2 : Terms for 1/3rd of the Senators will be up every two years (To avoid ALL Senators running for election at one time)

20. ARTICLE 1, SECTION 3 THE SENATE
Section 3, 3 : Qualifications – 35 years old, 9 years a citizen, and a resident of the state
Section 3, 4 : The Vice- President of U.S. shall be president of Senate (but has no vote unless a tie)
Section 3, 5 : Officers and President Pro-Temp shall be chosen by the Senate

21. ARTICLE 1, SECTION 3 THE SENATE
Section 3, 6 : Only the Senate can impeach (Chief Justice presiding and 2/3 vote of those present needed to convict)
Section 3, 7 : Punishment for impeachment limited
Johnson
Clinton
Nixon
(Left office before he was impeached)

22. ARTICLE 1, SECTION 4 CONGRESSIONAL ELECTIONS
Section 4, 1 : Legislature of each state shall decide the times, places and manner of election, but Congress ultimately decides
Section 4, 2 : The Congress must meet at least once per year

23. ARTICLE 1, SECTION 5 RULES & PROCEDURES
Section 5, 1 : Quorum – A majority of both houses needed to do business
Each house shall determine their own elections & qualifications
Section 5, 2: Each house shall determine their own rules of procedure and rules for expelling members

24. ARTICLE 1, SECTION 5 RULES & PROCEDURES
Section 5, 3 : Congressional Records – Each house must keep a journal of its proceedings and publish that journal (except secret sessions)
Section 5, 4: Adjournment – During the session of Congress no house can adjourn for more than 3 days without the consent of the other house

25. ARTICLE 1, SECTION 6 PAYMENT & PRIVILEGES
Section 6, 1: Salary – The treasury of the U.S. will pay both houses a salary; also they cannot be arrested in chambers except in cases of treason & felony, nor can they be “questioned” for things they say in chambers

26. ARTICLE 1, SECTION 6 PAYMENT & PRIVILEGES
Section 6, 2 : Restrictions – No member of either house shall hold another government position (job) during their tenure

27. ARTICLE 1, SECTION 7 HOW A BILL BECOMES A LAW
Tax Bills – All bills for raising revenue shall originate in the House of Reps
Bill to Law – Every bill which has passed both houses shall then be presented to the President- if he approves, he signs it into law. If he disapproves he returns it to the house of origin
President O.K.’s Bill OR
President Rejects Bill

28. ARTICLE 1, SECTION 7 HOW A BILL BECOMES A LAW
Section 7, 2 : Bill to Law – After President rejects bill, house reconsiders bill. If 2/3 of house agrees to pass bill it then goes to other house whereby if 2/3 of that house agrees to pass it – it will become law. (Note: If President does not return a bill after 10 days – it becomes law – if Congress is in session if not it is a pocket veto)

30. ARTICLE 1, SECTION 7 HOW A BILL BECOMES A LAW
Section 7, 3 : Role of the President –
Every order, bill, resolution, or vote be which both houses need agree, shall be presented to the President for approval. If rejected (veto), 2/3 rule applies

31. ARTICLE 1, SECTION 8 POWERS OF CONGRESS
Details the powers of the Congress including: The power to
8,1: Tax- for the purpose of debt collection, defense, etc.
8,2 : Credit – To borrow money
8,3 : Commerce – To regulate trade with foreign nations, states, Indian tribes

32. ARTICLE 1, SECTION 8 POWERS OF CONGRESS
8,4 : Naturalization, Bankruptcy – Uniform rules for immigration & bankruptcy
8,5 : Money – Power to coin money 7 fix standard weights & measures
8,6 : Counterfeiting – the power to punish counterfeiters
8,7: Post office – Power to establish post offices and postal routes

33. ARTICLE 1, SECTION 8 POWERS OF CONGRESS
8,8: Patents, Copyrights – Power to secure for inventors & authors exclusive ( but limited) rights to their discoveries and writings
8,9: Federal Courts – The power to establish courts inferior to Supreme Court
8,10 : International Law – Right to define & punish pirates & felons on high seas
Why didn’t I think of that?

34. ARTICLE 1, SECTION 8 POWERS OF CONGRESS
8,11: War – Power to declare war and make rules regarding capture
8,12: Army – Power to raise & support army
8,13: Navy – Power to provide and maintain a navy

35. ARTICLE 1, SECTION 8 POWERS OF CONGRESS
8,14: Regulation of Armed Forces – Power to make rules for land & sea forces
8,15: Militia – Power to call on the militia (Army) to enforce laws, suppress insurrections and repel invasions
8,16: Regulations for Militia – Power to organize & arm the militia- the states have the power to appoint officers & training

36. ARTICLE 1, SECTION 8 POWERS OF CONGRESS
8,17: District of Columbia – Congress has authority over the District of Columbia
8,18: ***** Elastic Clause – Power to make all laws necessary to carry out above powers, and all other powers listed in the Constitution *****
Elastic

37. ARTICLE 1, SECTION 9 POWERS DENIED CONGRESS
Section 9, 1: Slave Trade – Congress cannot prohibit slave trade until 1808, but can tax it (no longer valid)
9,2: Habeas Corpus – Privilege of Habeas Corpus cannot be suspended, unless in case of rebellion or invasion
9,3: Illegal Punishment – No bill of attainder or ex post facto law shall be passed

38. ARTICLE 1, SECTION 9 POWERS DENIED CONGRESS
9,4: Direct Taxes – No capitation
9,5: Export Taxes – No tax or duty on goods exported from any state
9,6: No Favorites – No state shall be favored over another in commerce and no interstate duties (tax)

39. ARTICLE 1, SECTION 9 POWERS DENIED CONGRESS
9,7: Public Money – No money drawn from the treasury without appropriations
9,8: Titles of Nobility – No titles of nobility shall be granted
No Nobles!

40. ARTICLE 1, SECTION 10 POWERS DENIED THE STATES
Section 10, 1: Restrictions – No state shall enter into any alliances or Confederation; coin money; grant titles of nobility, etc. (See powers denied Congress)
10,2: Import and Export Taxes – Taxes on imports or exports and all duties and imposts, are subject to approval & revisions by the U.S. Congress
10,3: War & Peace – States cannot conduct war or enter into agreements with foreign nations

41. ARTICLE 2: THE EXECUTIVE
Section 1, 1: Term of Office– The President shall hold office for a year term
1,2: Electoral College – the President shall be elected by the Electoral College. Each state shall appoint a number of electors equal to the number of Senators & Reps in the state (No Senator or Rep can be an elector however)
Ronald Reagan
Roosevelt was elected 4 times!

43. ARTICLE 2, SECTION 1: THE EXECUTIVE
Section 1, 3: Former Method of Electing President – Long discussion of former method of electing President by which winner of election becomes president and runner-up becomes vice-president
If the old rules applied, Bush’s VP would be Gore

44. ARTICLE 2, SECTION 1: THE EXECUTIVE
1,4: Election Day – Congress will determine the day the electors are chosen and the day they give their vote
1,5: Qualifications –Natural born citizen, 35 years or older, 14 years a resident
1,6: Succession – If the President is removed from office or dies, the Vice President becomes President. If the VP dies Congress will choose a leader (Speaker) until an election is held
Speaker VP
President

45. ARTICLE 2, SECTION 1: THE EXECUTIVE
1,7: Salary – The President will be compensated (paid) for being President – but will receive no other money from the government

46. ARTICLE 2, SECTION 1: THE EXECUTIVE
1,8: Oath of Office
“I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States”
JFK takes Oath of Office: 1961

47. ARTICLE 2, SECTION 2: POWERS OF THE PRESIDENT
Section 2, 1: Military Powers – The President shall be commander in chief of the armed forces
He has the power to pardon and grant reprieves
Bush salutes members of the Coast Guard

48. ARTICLE 2, SECTION 2: POWERS OF THE PRESIDENT
2,2: Treaties & Appointments – The President has the power to make treaties (with 2/3 Senate consent), appoint judges of the Supreme Court and Ambassadors
2,3: Vacancies – President can fill in vacancies that occur during the recess of the Senate
Supreme Court Justices are appointed by the President

49. ARTICLE 2, SECTION 3: PRESIDENTIAL DUTIES
The President will:
Give to the Congress information on the State of the Union
Receive dignitaries and foreign Ambassadors
Execute laws faithfully
Commission all officers

50. ARTICLE 2, SECTION 4: IMPEACHMENT
2,4: Impeachment- The President, Vice President, and all civil officers of the U.S. shall be removed for conviction of treason, bribery, or other high crimes and misdemeanors

51. ARTICLE 3: THE JUDICARY
Section 1: Federal Courts & Judges – The Judicial power of the U.S. shall be vested in one Supreme Court, and in such inferior courts as the Congress shall ordain.
Judges will retain their post during good behavior & be paid

53. ARTICLE 3, SECTION 2: THE COURTS’ AUTHORITY
Section 2, 1 : General Authority- Judicial power extends to all cases, laws and treaties, arising under this Constitution
Judicial power further extends to all controversies involving the U.S and her states, and citizens between states
Disagreements between states are handled by the Supreme Court

54. ARTICLE 3, SECTION 2: THE COURTS’ AUTHORITY
2, 2: Supreme Court – The Supreme Court shall have original jurisdiction in all cases involving ambassadors, ministers, consuls, and in all cases in which a state is party
U.S. SUPREME COURT

55. ARTICLE 3, SECTION 2: THE COURTS’ AUTHORITY
2,3:Trial by Jury – The trial of all crimes (except impeachment) shall be by jury, and trial shall be held in the state where the crimes were committed

56. ARTICLE 3, SECTION 3: TREASON
Section 3, 1: Definition – War against the U.S., giving information, aid, or comfort to the enemy
Two witnesses needed to convict or a confession
Section 3, 2: Punishment – Congress shall have the power to declare the punishment for treason

57. ARTICLE 4: RELATIONS AMONG STATES
Section 1: State Acts and Records – Each state shall have access to other states public records and judicial proceedings
- Congress will regulate these records and access

58. ARTICLE 4, SECTION 2: RIGHTS OF CITIZENS
Section 2,1: Citizenship – Citizens of each state are entitled to the same privileges as citizens of every state
2,2: Extradition – A person charged in any state, who flees from justice to another state, must be returned

59. ARTICLE 4, SECTION 3: NEW STATES
Section 3, 1: Admission – New states may be admitted into the union by Congress, but NOT within the jurisdiction of another state or two states combining without consent of all involved ? ?

60. ARTICLE 4, SECTION 3: NEW STATES
Section 3,2: Congressional Authority – Congress has all necessary authority and power to regulate all property of the United States
West Virginia

61. ARTICLE 4, SECTION 4: GUARANTEES TO STATES
Section 4: The United States Guarantees to States a republican form of government, protection against invasion and domestic (internal) rebellion
Riot police move in

62. ARTICLE 5: AMENDING THE CONSTITUTION
The Congress, whenever 2/3 of both houses shall deem it necessary, shall propose amendments to this Constitution
Or – 2/3 of the state legislatures can call a “convention”
Either case needs ¾ of the states legislature to pass for it to be ratified

64. ARTICLE 6: SUPREMACY OF THE NATIONAL GOVERNMENT
Section 1: Valid Debts – All debts the U.S. had before the Constitution still apply
Section 2: Supreme Law – The Constitution & the laws made in compliance with this Constitution, are the Supreme law of the land

65. ARTICLE 6, SECTION 3: LOYALTY TO CONSTITUTION
Section 3: Loyalty to Constitution – All legislators, executive branch members, and judicial officers shall be bound by oath to this Constitution – but NO religious tests ever!

66. ARTICLE 7: RATIFICATION
Article 7:Agreement of nine states (out of original 13) is needed to establish this Constitution
The Constitutional Convention was then adjourned September 17, 1787

67. The key to ratification was balancing federal, state, and individual rights

68. ANTI-FEDERALISTS OBJECT
The Anti-Federalist view was that this Constitution did not guarantee the rights of the people of the states
Led by Patrick Henry, George Mason, and Richard Henry Lee, the Anti-Federalists wanted a Bill of Rights to off-set the strong central government
Richard Henry Lee

69. ADOPTION OF THE BILL OF RIGHTS
To satisfy the States-Rights advocates, a Bill of Rights was added to the Constitution to guarantee individual rights
The Bill of Rights was ratified in December of three years after the Constitution was ratified
First Ten Amendments

70. AMENDMENT 1: RELIGIOUS AND POLITICAL FREEDOM
Congress shall make no law establishing a religion, or prohibit free exercise thereof
Nor prohibit freedom of speech, or the press, or the right to peacefully assemble, or the right to petition the government for a redress of grievances

71. AMENDMENT 2: RIGHT TO BEAR ARMS
“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”

72. AMENDMENT 3: QUARTERING TROOPS
“No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law.”

73. AMENDMENT 4: SEARCH AND SEIZURE
The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated
No warrants without probable cause

74. AMENDMENT 5: RIGHTS OF ACCUSED PERSONS
Oliver North took the 5th at the Iran-Contra hearings
You don’t have to testify against yourself in a court of law (“Take the 5th”),nor can you be tried twice for the same crime (Double Jeopardy)
Due Process of law must be followed, including -
Grand Jury review of case
Mark Fuhrman took the 5th at the O.J. trial
North

75. AMENDMENT 6: RIGHT TO A SPEEDY, PUBLIC TRIAL
In all criminal cases, the accused shall enjoy the right to a speedy and public trial, by an impartial jury from where the crime was committed
The accused will be informed about the nature of the charges, be able to confront witnesses against him, shall be able to have witnesses support him, and shall have the services of a lawyer
All accused persons have a right to be defended by an attorney

76. AMENDMENT 7: TRIAL BY JURY IN CIVIL CASES
In civil cases exceeding the value of $20.00, the right of trial by jury shall be preserved
“A jury of your peers”

77. AMENDMENT 8: LIMITS OF FINES AND PUNISHMENT
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”
The “Rack”
Tar and feathering

78. AMENDMENT 9: RIGHTS OF PEOPLE
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”

79. AMENDMENT 10: POWERS OF STATES & PEOPLE
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.”

80. AMENDMENTS 11-27 Amendments 11 – 27 were added from 1795 to 1992
Amendments reflect the elastic quality of the Constitution
Amendments reinforce the ways the Constitution meets the changing needs of society

81. AMENDMENT 11: LAWSUITS AGAINST STATES- 1795
Article 3, Section 2 of the Constitution modified by Congress:
Judicial power does not extend to any lawsuit prosecuted against the U.S. by citizens of another state or foreign country

82. AMENDMENT 12: ELECTION OF EXECUTIVES - 1804
Portion of Article 2, Section 1 modified by Congress
This Amendment prevents a repeat of the Election of 1800 –When a tie forced 36 votes by the House to establish Jefferson as President
It calls for the Electors to vote for both a President and Vice President

83. AMENDMENT 13: SLAVERY ABOLISHED - 1865
A portion of Article 4, Section 2 modified by Congress
“Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction”

84. AMENDMENT 14: CIVIL RIGHTS - 1868
Article 1, Section 2 was modified by Congress
Rights extend to all persons
House of Reps apportioned counting whole persons
No person can hold office who has supported rebellions
Public debt realized due to lost slaves are not valid

85. AMENDMENT 15: RIGHT TO VOTE - 1870
The right of United States citizens to vote shall not be abridged or denied on account of race, color or previous condition of servitude

86. AMENDMENT 16: INCOME TAX - 1913
Article 1, Section 9 was modified by Congress
The Congress shall have the power to lay and collect taxes on income

87. AMENDMENT 17: DIRECT ELECTION OF SENATORS - 1913
Article 1, Section 3 was modified by Congress
Senators will forthwith be elected by the people of the state they represent

88. AMENDMENT 18: PROHIBITION - 1919
The manufacturing, sale, or transport of intoxicating liquors in the United States is hereby prohibited
Men drink at a “Speakeasy”

89. AMENDMENT 19: WOMAN SUFFRAGE - 1920
“The right of citizens of the United States to vote shall not be denied or abridged on account of sex.”

90. AMENDMENT 20: “LAME DUCK” SESSIONS - 1933
Article 1, Section 4 was modified by Congress
Term of President and VP end on January 20
Senators & Reps on January 3
(Amendment reduces time between election and end of term to reduce “lame duck” effect)

91. AMENDMENT 21: REPEAL OF PROHIBITION - 1933
The 18th Amendment of the United States Constitution is hereby repealed
Drinking is legal again
(Only Amendment to be ratified by State Convention as outlined in Article 5)

92. AMENDMENT 22: LIMIT ON PRESIDENTIAL TERMS - 1951
No person shall be elected to the office of the President more than twice
Passed shortly after Franklin Roosevelt was elected to 4 terms

93. AMENDMENT 23: VOTING IN DISTRICT OF COLUMBIA - 1961
Residents of the District of Columbia are entitled to vote in Presidential elections
Electors (3) representing D.C. will insure the District’s validity in Presidential elections

94. AMENDMENT 24: ABOLITION OF POLL TAXES - 1964
The right of United States citizens to vote in Presidential and Congressional elections will not be denied by reason of failure to pay any poll tax or other tax
1942 cartoon critical of Poll Tax

95. AMENDMENT 25: PRESIDENTIAL DISABILITY & SUCCESSION
Article 2, Section 1 modified by Congress
VP takes over if President is removed, dies, or resigns
If VP has a vacancy, the President shall nominate a VP who needs to be confirmed by a majority of both houses
(Other specifics regarding succession – VP, Speaker, President Pro-Temp of the Senate, etc.)
Succession Order
The Vice President
Speaker of the House
President pro tempore of the Senate
Secretary of State
Secretary of the Treasury
Secretary of Defense
Attorney General
Secretary of the Interior
Secretary of Agriculture
Secretary of Commerce
Secretary of Labor
Secretary of Health and Human Services
Secretary of Housing and Urban Development
Secretary of Transportation

96. AMENDMENT 26: 18-YEAR-OLD VOTE - 1971
Amendment 14, Section 2 modified
“The right of citizens of the United States who are eighteen years of age or older, to vote shall not be denied”

97. AMENDMENT 27: CONGRESSIONAL PAY - 1992
“No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened”
Thus, Congress cannot vote themselves a pay increase

98. TODAY’S CONSTITUTIONAL ISSUES
Gun Control and the 2nd Amendment
Death Penalty and Cruel and Unusual
Prayer in Schools 1st Amendment
Censorship & Free Speech
Terrorism and Seize and Seizure rules – 4th
Term Limits for Congress
Campaign finance reform
Abortion and Due Process rights – 5th